If you have been arrested for a DUI with a child in the car, you should know that New York takes both driving under the influence and child endangerment very seriously. If you are being charged with a crime after your DUI arrest, the next steps you can take can be critical to maximizing your chances of putting together a strong defense. An experienced DUI and New York criminal defense attorney may be in a position to review the charges against you and evaluate the strength of the prosecution’s case. Schedule a free consultation with the Law Office of Benjamin Greenwald by calling our office at 845-567-4820 without delay.
What Is Leandra’s Law in New York State?
Any driver who endangers a minor by operating a motor vehicle while under the influence of a controlled substance in New York State faces severe penalties if caught. Much of the legal framework establishing New York’s sentencing guidelines for DUI with a child in the car convictions can be traced back to Leandra’s Law. Named after Leandra Rosado, an 11-year-old child who was killed in a crash with an allegedly intoxicated driver, this piece of legislation enacted in 2009 created a number of provisions regarding charges and sentencing guidelines for DUI with a child in the car, generally calibrating the severity of the charges with the degree of risk allegedly posed, or degree of harm allegedly done, to a child.
Ignition Interlock Devices
All drivers convicted of driving while intoxicated (DWI) will be subject to a court-imposed ignition interlock device requirement for at least six months, independent of any other circumstances regarding the charges or conviction. The ignition interlock device must be installed not only on any vehicle the convicted driver owns but on any vehicle they operate – a provision that may be especially significant to individuals living in high-density areas, where it is common for several members of a single household to share the use of a single motor vehicle to reduce both vehicles as well as expenses associated with vehicle upkeep.
Class E Felony
The class E felony charge is applied when the driver charged with DWI is a first-time offender and any occupant of the vehicle at the time of the arrest or incident is a child under 16 years of age. Convictions class E felonies are punishable by up to four years in state prison, according to the New York State Division of Criminal Justice Services.
Class C Felony
If a child under 16 is seriously injured in a DWI incident, then the severity of the criminal charges against the driver may be increased to a class C felony. If convicted, the driver charged with DWI could face up to 15 years in a state prison facility.
Class B Felony
The severity of the felony charge is increased if the DWI charge is filed in connection with a motor vehicle incident that caused the death of a child under 16 years of age. Class B felonies are punishable by up to 25 years in a New York prison.
Required Reporting
Police officers who make DWI arrests are required to note whether any occupant of the vehicle is a child under 16 years of age. Failure to complete this standard procedural requirement does not, however, mean that charges for DUI with a child in the car cannot be filed in the absence of the procedural documentation if the presence of a child under 16 in the vehicle can be otherwise demonstrated. If the person driving is the child’s parent or guardian, the arresting office is required to make a further report of the incident to the Statewide Central Register of Child Abuse and Maltreatment, maintained by New York State’s Child Protective Services.
What Is the Difference Between a DUI and a DWI in New York State?
New York State recognizes a variety of offenses related to driving while impaired by alcohol or other intoxicating substances. Understanding the various classifications may help you to better understand the charges that may be applied in your case. As described by the New York Department of Motor Vehicles, the categories of chemical driver impairment recognized throughout the state include:
Driving While Intoxicated (DWI)
New York State defines DWI for most drivers as operating a motor vehicle with either a blood alcohol content (BAC) of 0.08 or comparable evidence of intoxication-related impairment. The BAC threshold changes to 0.04 (also substitutable with “other evidence” of intoxication) for drivers operating commercial vehicles.
Aggravated Driving While Intoxicated (Aggravated DWI)
State law considers DWI “aggravated” if the driver’s BAC measures 0.18 or higher. An experienced New York DUI attorney from the Law Office of Benjamin Greenwald may be able to help you determine whether negotiating a plea bargain for a lesser charge could be an option in your case.
Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
Unlike many other states, New York recognizes a specific category of alcohol-induced impairment that falls below the 0.08 BAC threshold used in determining DUI in New York and across much of the United States. A driver over 21 operating a personal vehicle is considered to be DWAI/alcohol if their BAC registers between 0.05 and 0.07.
Driving While Ability Impaired by a single Drug Other Than Alcohol (DWAI/Drug)
Alcohol is not the only chemical substance that may impact a driver’s ability to operate a motor vehicle safely and responsibly. Even prescription medications can sometimes interfere with a driver’s perceptions and response times. Checking in with a medical professional when starting a new medication to identify likely side effects may help innocent and well-meaning drivers make necessary adjustments in order to avoid being unexpectedly pulled over and charged for DWAI/drug when taking their doses as prescribed.
Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
Alcohol and drugs are not always a happy combination. Even assuming that any drugs in a driver’s system are their legally prescribed medications, the reality is that their effects can in some cases be amplified by alcohol, or vice versa. Drivers who show signs of significant impairment may be charged under DWAI/Combination, even if chemical tests show that the amounts of alcohol and other (legal) substances in their systems are within legally permissible limits individually.
Zero Tolerance, Chemical Tests, and Leandra’s Law
A separate BAC threshold is applied to drivers under the legal drinking age; the Zero Tolerance Law makes a driver under 21 subject to DUI charges for operating a motor vehicle with a BAC of 0.02-0.07. Drivers of any age are subject to a mandatory civil fine and a one-year driver’s license revocation; the fine is reduced by $200 for drivers sentenced under the Zero Tolerance Law and increased by $50 for drivers operating on commercial licenses. Arrest for DUI with a child in the car will activate the more stringent sentencing guidelines and felony charges specified under Leandra’s Law, so consider consulting with an experienced New York DUI and criminal defense attorney to discuss how DWI with a minor may affect the charges against you.
Experienced Counsel for Serious Charges
If you have been arrested for DUI with a child in the car, anywhere in New York, you are facing serious legal consequences. Regardless of the circumstances that led to your arrest, you should not underestimate the severity of the charges against you. A meeting with a New York criminal defense attorney experienced in handling DWI cases may help you gain perspective and evaluate the legal options available in your situation. The Law Office of Benjamin Greenwald offers free case evaluations, so call 845-567-4820 to speak with a member of our staff and schedule a consultation.
